Constitution of the Islamic Republic of Iran

Constitution of the Islamic Republic of Iran
Name	Constitution of the Islamic Republic of Iran
Jurisdiction	Iran
Date created	24 October 1979
Date ratified	3 December 1979
Date effective	3 December 1979
System	Unitary theocratic presidential Islamic republic
Branches	Legislative, Executive, Judiciary
Chambers	Parliament (Islamic Consultative Assembly) and Guardian Council
Executive	President and Supreme Leader
Judiciary	Judicial system headed by the Chief Justice
Federalism	Unitary
Date legislature	12 Farvardin 1358 SH
Date first executive	5 February 1980
Date first court	23 February 1980
Number amendments	1 (in 1989)
Location of document	Tehran
Signatories	Assembly of Experts
Supersedes	1906 Constitution

Constitution of the Islamic Republic of Iran is the supreme law of Iran, adopted following the Iranian Revolution of 1979. It replaced the earlier Persian Constitution of 1906 and formally established the country as an Islamic republic, synthesizing elements of popular sovereignty with Twelver Shi'a Islamic jurisprudence. The document enshrines the concept of Guardianship of the Islamic Jurist (Velayat-e Faqih) as the cornerstone of the political system, vesting ultimate authority in the Supreme Leader of Iran.

Historical background and development

The constitution was drafted in the immediate aftermath of the overthrow of the Pahlavi dynasty under Mohammad Reza Pahlavi. An initial draft was composed by the Provisional Government of Iran led by Mehdi Bazargan, but it was substantially revised by the Assembly of Experts for Constitution, an elected body dominated by clerics such as Ayatollah Khomeini. The final text was approved via a national referendum in December 1979. A major revision was undertaken in 1989, following a decree by Ali Khamenei and a referendum, which eliminated the office of Prime Minister and modified the qualifications for the Supreme Leader.

Principles and ideological foundations

The constitution's preamble outlines its ideological roots in the Iranian Revolution and the leadership of Ayatollah Khomeini. Its foundational principle is the Guardianship of the Islamic Jurist, which mandates that a senior Shi'a jurist (Faqih) provide political and religious leadership. It declares Twelver Ja'fari jurisprudence as the official source of law and the basis for all legislation. The document also emphasizes economic independence, social justice, and the export of the Islamic revolutionary ideals, positioning Iran in opposition to Western and Eastern hegemony.

Structure of government and institutions

The system established is a complex hybrid of republican and theocratic institutions. The highest authority is the Supreme Leader, who is the Commander-in-Chief of the Islamic Revolutionary Guard Corps and appoints key officials like the head of the Judiciary and members of the Guardian Council. The elected President heads the executive branch. The Parliament (Majlis) legislates, but all its laws must be approved for conformity with Sharia and the constitution by the Guardian Council. Other critical bodies include the Expediency Discernment Council and the Assembly of Experts.

Rights and duties of citizens

The constitution guarantees certain civil rights within the framework of Islamic law, including equality before the law for various ethnic groups and the protection of private property. It specifically supports freedom of the press and assembly, provided they do not violate Islamic principles. Duties are heavily emphasized, including the defense of the country, mandatory payment of Islamic taxes like Khums, and the obligation for the state to promote Islamic morality. The rights of recognized religious minorities such as Zoroastrians, Jews, and Christians are outlined, though political participation is restricted.

Amendments and revision process

The constitution provides a formal mechanism for amendment through the Expediency Discernment Council. The only comprehensive revision occurred in 1989, which was initiated by the Assembly for the Final Review of the Constitution following the death of Ayatollah Khomeini. Key changes included merging the presidential and prime ministerial powers, formally establishing the Expediency Discernment Council, and altering the theological qualifications for the Supreme Leader. Any amendment proposal must be approved by the Supreme Leader and submitted to a national referendum.

Political and legal significance

As the foundational document of the Islamic Republic of Iran, it has defined the nation's unique political identity and legal order for over four decades. It has been central to major political conflicts, particularly between reformist factions in the Parliament and the conservative Guardian Council over legislative compatibility with Sharia. The constitution's theocratic provisions have significantly influenced Iran's foreign policy, its legal system under the Chief Justice, and its ongoing tensions with states like the United States and Israel.

Category:Iranian law Iran Category:Government of Iran Category:1979 in Iran Category:1979 documents